Mental states that determine the degree of guilt or culpability in criminal law are generally classified from highest (most worthy of blame or punishment) to lowest as: (1) intentional; (2) knowing; (3) reckless; and (4) criminal negligence.

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the accused person’s standpoint at the time of the alleged criminal negligence.

Criminal offenses or crimes often specify the culpable mental state the prosecution is required to prove to convict a defendant of the offense. These culpable mental states are generally defined in the relevant state or federal statutes—usually in the penal or criminal code.

In New Mexico, as in many jurisdictions, the degree of guilt or culpability in criminal law is determined by the mental state of the defendant at the time of the offense. These mental states are ranked from most to least blameworthy: intentional, knowing, reckless, and criminal negligence. Under New Mexico law, a person acts with criminal negligence when they fail to perceive a substantial and unjustifiable risk that their conduct will lead to certain circumstances or results. This risk must be so great that not seeing it would be a significant departure from what an ordinary person would do in the same situation. The concept of criminal negligence is that the individual's lack of awareness was so severe that it demonstrates a disregard for the safety and welfare of others. For a prosecutor to secure a conviction, they must prove the defendant possessed the culpable mental state as defined by the specific crime in the New Mexico statutes. These definitions are typically found in the New Mexico Criminal Code, and they are crucial for establishing the appropriate level of culpability for various offenses.